Here is the refusal letter
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On xxxxxxx /01/2018 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner xxxxxxxxxxxxx
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here:
www.gov.uk/guidance/immigration-rules [nofollow] .
This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
We have considered your application under paragraph EC-P.I. 1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.
Eligibility
Under paragraph EC-P.I .1 .(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2e1. to 2.10.
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
You have stated in your Visa Application Form that you meet the financial requirement through CAT A salaried employment. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor is employed by xxxxxxxxxxxxx Limited since xx/04/2017 and earns an annual salary of xxxxxxxxxxxxx
As evidence of your sponsor's employment you have submitted:
Your sponsor's employment letter from xxxxxxxxxxxxx Limited.
Payslips from July 2017 to December 2017.
The Immigration Rules state that in respect of salaried employment in the UK, all of the following evidence must be provided (
http://www.ukba.homeoffice.gov.uk/policyandlaw/immiqrationlaw/immigrationrules/appendix-fmse/ [nofollow] ):
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary; (ii) the length of their employment; (iii) the period over which they have been or were paid the level of salary relied upon in the application; and (iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
You have not submitted the following required documents as listed above. You have not provided personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. You have therefore failed to provide the required documents relating to your sponsor's employment. These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.I . 1 (d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
We have also considered your application under paragraph GEN.3.2 of Appendix FM.
We have concluded that there are no exceptional circumstances in your case which
would render refusal a breach of Article 8 of the ECHR because it would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.I „3.of Appendix FM with reference to paragraph EC-P.I.I .(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.
Compassionate Factors You do not fall for a grant of entry clearance outside the Immigration Rules on the basis of compassionate factors
We have decided that, based on the information you have provided, there are no compassionate factors in your case that warrant a grant of entry clearance outside the Immigration Rules.
